Matter of Anthony M. (Spota)

Matter of Anthony M. (Spota) 2013 NY Slip Op 00552 Decided on January 31, 2013 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on January 31, 2013
Tom, J.P., Andrias, Acosta, Manzanet-Daniels, JJ.
9135 108/94

[*1]In re Anthony M., etc., Defendant-Respondent, New York State Commissioner of Mental Health, Petitioner-Respondent,

and

Thomas J. Spota, etc., Appellant.




Thomas J. Spota, District Attorney, Suffolk County, Riverhead
(Guy Arcidiacono of counsel), for appellant.
Eric T. Schneiderman, Attorney General, New York (Patrick J.
Walsh of counsel), for New York State Commissioner of Mental
Health, respondent.
Marvin Bernstein, Mental Hygiene Legal Service, New York
(Diane G. Temkin of counsel), for Anthony M., respondent.

Order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered on or about March 12, 2012, which granted the application for an order unconditionally discharging defendant Anthony M. from supervision pursuant to CPL 330.20(13), and terminating his order of conditions, unanimously affirmed, without costs.

A fair interpretation of the evidence supports the court's determination that the "issuance of [the] discharge order [was] consistent with the public safety and welfare of the community and the defendant" (CPL 330.20[13]) (see Matter of Rabinowitz v James M., 63 AD3d 481 [1st Dept 2009]). There is no basis to disturb the hearing court's evaluation of the testimony of the psychiatric experts (see Matter of Kelly, 265 AD2d 154 [1st Dept 1999]). Indeed, the record shows that defendant has treated his schizophrenia with medication for the past several decades and understands the role his medication plays in maintaining his health. He has also successfully [*2]been on outpatient status for more than six years.

We have considered appellant's remaining contentions and
find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JANUARY 31, 2013

CLERK